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Sand Filtration Corp. v. Cowardin, 213 U.S. 360 (1909)

Sand Filtration Corporation of America v. Cowardin

No. 123

Argued April 6, 1909

Decided April 26, 1909

213 U.S. 360


In the absence of a clear showing of its incorrectness, this Court accepts the finding of the lower courts.

The object of construction of a contract is to effectuate the intention of the parties in making it, and it should be interpreted in the light of the circumstances surrounding the parties at the time when it was made.

Although contracts relating to the same subject may be dated the same day, they need not be construed together as one instrument if all the parties to both are not in privity.

An agreement to pay a sum out of profits of a contract held, in this case, not to depend on whether profits were or were not realized by a subcontractor but only on whether such profits were realized by the party making the contract.

29 App.D.C. 571 affirmed.

The facts are stated in the opinion.

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